Crowley v. Frazier

16 Citing cases

  1. Adams v. Woodlands of Nashua

    151 N.H. 640 (N.H. 2005)   Cited 5 times
    Reversing trial court's ruling that landlord violated covenant of quiet enjoyment because it was unsupported by the record

    Where the language of a particular statutory provision is at issue, we will focus upon the statute as a whole, not on isolated words or phrases. We will not consider what the legislature might have said or add words that the legislature did not include. Crowley v. Frazier, 147 N.H. 387, 389 (2001). RSA 540-A:2 provides, "No landlord shall willfully violate a tenant's right to quiet enjoyment of his tenancy. . . .

  2. In re Dunlop

    Bk. No. 05-13198-JMD, Adv. No. 05-1202-JMD (Bankr. D.N.H. Dec. 27, 2006)   Cited 4 times
    Finding the state court's ruling that the debtor's violation of RSA 540-A:3 resulted in actual and statutory damages was sufficient to establish the injury element of the creditor's claim

    In New Hampshire, landlords impliedly warrant that the premises they lease are habitable. See Adams v. Woodlands of Nashua, 151 N.H. 640, 642 (2005) ("[A] tenant whose premises are unsafe or unsanitary may have a remedy because such conditions could violate the implied warranty of habitability."); Crowley v. Frazier, 147 N.H. 387, 391 (2001) ("A defect that renders premises unsafe or unsanitary, and thus unfit for living therein, constitutes a breach of the implied warranty of habitability."). This implied warranty of habitability entitles tenants to damages, such as those awarded by the District Court to Landry in this case, when that warranty is breached.

  3. DiMinico v. Centennial Estates Coop., Inc.

    173 N.H. 150 (N.H. 2020)   Cited 6 times

    The covenant of quiet enjoyment is a common law doctrine that obligates the landlord to refrain from interferences with the tenant's possession during the tenancy. Crowley v. Frazier, 147 N.H. 387, 389, 788 A.2d 263 (2001). It is implied by law in every lease.

  4. In re Juvenile 2003-604-A

    151 N.H. 719 (N.H. 2005)   Cited 3 times
    Declining to review inadequately briefed argument

    The starting point in any statutory interpretation case is the language of the statute. Crowley v. Frazier, 147 N.H. 387, 389 (2001). We will not consider what the legislature might have said or add words that the legislature did not include.

  5. Appeal of Tennis

    149 N.H. 91 (N.H. 2003)   Cited 6 times

    We will not consider what the legislature might have said or add words that the legislature did not include.Crowley v. Frazier, 147 N.H. 387, 389 (2001) (quotations and brackets omitted). RSA 282-A:25 provides that an individual have "annual earnings, of which in each of the 2 calendar quarters [in the base period] the individual must have earned not less than $1,400" to receive benefits.

  6. Pennelli v. Town of Pelham

    148 N.H. 365 (N.H. 2002)   Cited 24 times

    "The trial court's interpretation of a statute is a question of law, which we review de novo." Crowley v. Frazier, 147 N.H. 387, 389 (2001). "[I]n construing tax statutes, we are guided by the well-settled principle . . . that a tax exemption is construed to give full effect to the legislative intent of the statute."

  7. Lath v. PennyMac Loan Servs. LLC

    Case No. 18-cv-928-PB (D.N.H. Aug. 1, 2019)

    Lath contends that, even if he cannot bring a claim against PennyMac as a landlord under RSA 540-A:2, he can bring a claim for breach of implied warranty of habitability as a tenant at sufferance. See Crowley v. Fraizer, 147 N.H. 387, 391 (2001) ("A defect that renders premises unsafe or unsanitary, and thus unfit for living therein, constitutes a breach of the implied warranty of habitability."). Lath is not a tenant at sufferance.

  8. Hawkins v. Commissioner, NH Dept., Health Human Serv.

    Civil No. 99-143-JD, Opinion 2004 DNH 023 (D.N.H. Jan. 23, 2004)   Cited 1 times

    NHLA has represented clients in state and federal court for many years. See, e.g., Laaman v. Warden. 238 F.3d 14 (1st Cir. 2001) (giving history of class action litigation on behalf of prisoners and consent decree); Crowley v. Frazier, 147 N.H. 387 (2001); Hynes v. Hale, 146 N.H. 533 (2001). B. Rule 23(b)(2)

  9. Fastrack v. Abatement

    153 N.H. 284 (N.H. 2006)   Cited 2 times

    Interpretation of a statute is a question of law that is reviewed de novo. See Crowley v. Frazier, 147 N.H. 387, 389 (2001). We address the ninety-day requirement first.

  10. Caparco v. Town of Danville

    152 N.H. 722 (N.H. 2005)   Cited 2 times

    Because the interpretation of a statute is a question of law, we review the trial court's decision de novo. See Crowley v. Frazier, 147 N.H. 387, 389 (2001). The innovative land use controls statute expressly provides that an impact fee ordinance "may provide for administration . . . by the planning board."